West Bengal

Dakshin Dinajpur

CC/57/2020

Mr. Mojaffar Mondal, S/O- Joynul Mondal - Complainant(s)

Versus

The Secretary, Dakshin Dinajpur B.Ed. College - Opp.Party(s)

Pintu Sarkar

22 Apr 2022

ORDER

           Today is fixed for passing ex-parte order. 

            Complainant files hazira.  

 The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Party claiming of Rs. 30,000/- with interest from 31.07.2019 and compensation of Rs.4,70,000/- total of Rs. 5,00,000/-.

The fact of the case, in brief, is that the Complainant went to Dakshin Dinajpur B.Ed College at Fulbari under Gangarampur police station, District of Dakshin Dinajpur for admission in B,Ed. course with special subject Education in the year 2019- 2021 Session .

Accordingly by the instruction of the O.Ps the complainant take admission on 13.07.2019 and deposited Rs. 70,000/- in two installments i.e, Rs.40,000/- and Rs.30,000/- in two  dates. After admission the complainant regularly attained the classes and participate various programme of the college as regular student. After few days college administration started registration of the students but the college administration said that the complainant’s registration will be held after some days. Then the complainant meets with the O.Ps but the O.Ps assured the Complaisant and said not to be take tensed about registration. The complainant enquires the matter and came to know that the assurance of the O.ps are completely false. The complainant cannot appear in the examination of first semester.

After long harassment the O.ps returned back him Rs. 40,000/- which was deposited by the complainant as one installment and did not arrange the registration or examination of the complainant or returned back another installment of Rs. 30,000/- (course fees) which was received by O.Ps from the complainant.

Thereafter, the complainant flied a written complainant before the O.ps through registered post on 17.02.2019, but the O.Ps did not give any answer. Lastly the complainant filed a written complaint before the Assistant Director Consumer Affairs and Fair Business Practice on 17.12.2019 but the O.ps did not present in the mediation. Having no other alternatives the complainant bound to take the shelter of this Commission for getting proper redress.

It appears from the case record that notice was issued to the Opposite Parties on 28.12.2020 and after getting notice the Opposite Parties did not appeared before this Commission nor filed written version. So, the case is proceeded ex-pare against the Opposite parties

To prove his case the complainant has submitted the following documents-

(I) Original money receipt of Rs. 30,000/- dt. 14.08.2019.

(ii) Original application before the Assistant Director of Consumer Affairs and Fair Business Practice.   

 

                                         DECISION  WITH  REASONS

          

             We have heard argument by Ld. Advocates for the Complainant. Perused the case record and the documents filed by the Complainant.

            It appears from the case record that the complainant has paid Rs. 70,000/- in two installments i.e,. Rs. 40,000/- & Rs. 30,000/- respectively as his course fees. It is also admitted fact of the complainant that the O.ps had returned Rs. 40,000/-  out of 70,000/-.

 On perusal of the money receipt in the name of the Complainant issued by the Opposite Parties, it appears that one installment was paid on 14.08.2019 of Rs. 30,000/- to the opposite parties. Thus it is clear that the complainant has paid the amount to the opposite parties which the complainant has paid as course fees. And the O.ps did not arrange for registration or examination of the complainant.

The O.ps also gave false assurance that they have the course of B.Ed with special subject education. Thereafter, the complainant came to know that the O.ps do not have the aforesaid stream for B.Ed. Then, the complainant, meet the O.ps and asked to returned back the rest amount of 30,000/- which he has deposited as curse fees. Then finding no other alternatives, the complainant filed the complaint before the Assistant Director and Fair & Business Practices on 17.12.2019 but the O.ps did not appeared in the mediation. In view of the above mentioned discussion it has been established that the complainant went to Dakshin Dinajplur B.Ed college for B.Ed course with special subject education in the year 2019-2021 and deposited course fees of Rs. 70,000/- but the O.ps did not registered the name of the complainant for giving examination of the course. And it  is crystal clear that the above mentioned subject was not existing in the college the aforesaid B.Ed college.

Considering the above facts and circumstances we opined that the O.ps did not provided proper service to the complainant after taking the consideration price. So, the complainant is a bona-fide consumer of the O.ps. Hence, there lies deficiency in service on the part of the O.ps. Due to the negligent act of the O.ps, the complainant has lapsed time for his B.Ed course which badly effected the career of the complainant.  Thus the prayer of the complainant is partly allowed.

  

 Hence, it is

                                                          O R D E R E D

             

            That the Consumer Case No. 57 of 2020 is hereby allowed ex-parte in part but with cost. 

           The Opposite Parties are directed to pay  Rs. 30,000/- (Rupees Thirty thousand) only jointly and severally  as the course fees which been paid by the complainant at the time of admission by issuing account payee cheque within 45 days from the date of passing this order with interest @ 8% p.a from 14.08.2019 till the realization. 

The Opposite Parties are further directed to pay Rs. 20,000/- toward Compensation within 45 days from the date of passing of this order by issuing an account payee cheque in favour of the Complainant failing which the Complainant is at liberty to execute the order as per law.

              Let a plain copy of this order be supplied to the parties free of cost.